Do Adopted Children Have a Right to Inherit in California?

Estate planning often raises complex questions about family relationships and inheritance rights. One such question is: Do adopted children have the same rights as biological children when it comes to inheritance in California? The short answer is yes—but with important legal nuances.

In this post, we’ll explore the inheritance rights of adopted children under California law, including what happens when there is no will, how adoption affects inheritance from birth parents, and how to ensure your intentions are clear in your estate plan.

California Law: Adopted Children Are Legal Heirs

Under the California Probate Code, adopted children are treated as if they are biological children of the adoptive parents for purposes of inheritance. This means they have the same rights to inherit from and through adoptive parents as a biological child would.

California Probate Code § 6451:“An adopted person and the adopted person’s issue shall be regarded as being related by adoption as if they were natural children of the adopting parent.”

Inheritance When There Is No Will (Intestate Succession)

If a person dies without a will in California, the estate passes to their closest legal relatives according to California’s intestate succession laws. In such cases:

• Adopted children inherit just like biological children from their adoptive parents.

• They are considered full heirs under California Probate Code § 6400–6455.

• They are entitled to the same share of the estate unless otherwise excluded.

Can Adopted Children Inherit from Their Birth Parents?

This is where things get more complicated. Once a child is legally adopted by a new family, the legal relationship with their birth parents is typically severed, including inheritance rights.

Exceptions List

✅ Exception 1: Step-parent or Relative Adoption

If a child is adopted by a step-parent or grandparent, and they lived with or were raised by the birth parent, California law may allow inheritance rights from the biological side to continue.

California Probate Code § 6451(b) provides limited rights to inherit from a birth parent if: The relationship with the birth parent continued after adoption, and There is evidence the birth parent would have wanted the child to inherit.

✅ Exception 2: Will or Trust Inclusion

Regardless of adoption, a biological parent can leave assets to their adopted-out child by naming them in a will or trust.

Do Adopted Children Have Rights to a Trust?

If an adopted child is named as a beneficiary in a trust, they are entitled to receive their share according to the trust's terms. If the trust refers to “my children” or “my issue,” and does not exclude adopted children, they are presumed to be included.

Courts generally interpret the term “children” to include adopted children unless the trust or will clearly states otherwise.

Avoiding Disputes: Clarify Your Intent in Estate Planning

To avoid any confusion or legal disputes about adopted children’s inheritance rights:

• Be explicit in your will or trust about who you want to include or exclude.

• Avoid vague terms like “descendants” or “heirs” unless you're certain of their legal meaning.

• If you're adopting or have adopted children, update your estate plan accordingly.

Summary: Adopted Children’s Inheritance Rights in California

Scenario	Inheritance Right?
Adopted child from adoptive parents (no will)	✅ Yes, same as a biological child
Adopted child from birth parents	❌ No, unless an exception applies
Named in a will or trust	✅ Yes, if explicitly included
Ambiguous reference to “children”	✅ Presumed included unless excluded

Final Thoughts

In California, adopted children have strong legal protections when it comes to inheritance from their adoptive parents. However, rights to inherit from birth parents are generally terminated, unless a narrow legal exception or estate planning document provides otherwise.

To ensure your estate reflects your wishes and avoids unintended exclusions, work with an experienced California estate planning attorney who understands both the law and your family dynamics.

Contact the top-rated California trust and probate attorneys Moravec, Varga & Mooney today to schedule a telephonic consultation. Have questions? call (626) 460-1763 or email LV@MoravecsLaw.com.

Southern California Probate Lawyer Serving all counties in California, including Los Angeles, Riverside, San Bernardino, Sacramento, Santa Cruz & Beyond.